• One sale deed with 2 share certificates, can the society charge double

In the original builder plan the design was for 1 BHK and a 2 BHK and hence there are separate meters and share certificates for each . However during construction the builder changed the design and merged these 2flats with one entrance as the investors wanted larger flats. And made one 3BHK flat with one sale deed and one entrance. However there are still 2 share certificates and 3 meters for this flat. Is the society justified in seeing this as 2flats and charging double for both the flats. As there is one Sale Deed it should be seen as one unit. Please advise
Asked 5 years ago in Property Law
Religion: Christian

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13 Answers

The changes in the layout has been made by the Builder for the convenience of the investors as per the municipal records the building design only recognises 1 and 2 BHK flats based on the previous layouts and electrical connection has been issued in the same manner to identify the property as two units so the society will also charts for two units.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Has change in building plans been approved by muncipal corporation 

 

2) if building plans show 2 flats and 2 share certificate issued fir separate flat society can charge you separate maintenance for each flat 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. Well, maintenance fees are determined s per the area of the flat and not on the number of flats occupied by the share holder.

2. So in your case the amount of maintenance would be anyway more due to are two flats in combination covers.

3. The logic of the society is not baseless due to original design of the flat sand 2 share certificates issued by the society.

So I do not think you can manage to convince the society about the single entity of the 2 flats merged together.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Why have 2 share certificate been issued by society ?

what is mentioned in building sanctioned plans ? 

If builder has got plans changed and sold one flat then you ought to be charged maintenance  for only one flat 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1) Need to check layout passed by PMC and Completion certificate.

 

2) If its one unit in OC than you need to pay maintenance for 1 flat only.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

You need to check the sanctioned building plans to check whether builder amended the plan to convert the two flats into a single unit

If that is so, then society cannot charge separate maintenance for two flats

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that though the two flats have been merged into one, but there is only one sale deed for that whole area.
  2. Let me tell you that it is irrespective of the fact that previously these were two separate flats, but now being made as one and only one sale deed is also there, it should only be considered as one unit.
  3. The society is not corret in charging the double maitenance charges considering this flat as two different units.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

This is illegal. The nature of the said flat has to be mentioned in DA or PAAA stating it's exact position. As per your description this will be termed as single flat only 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If you are using the larger area than other member you will have to pay more maintainence as per the norm. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It can be seen as one unit only.

Three meters are not title documents neither there's any reason for issuing two share certificates for a single unit.

You may request the association to merge both the certificates into one and get it issued.

The builder's help may be sought if association do not cooperate.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

If the association is not accepting your request then you may have to file a declaratory suit to declare it as a single unit and to direct the association to merge the two certificates into one 

You may even issue a legal notice in this regard to test their pulse.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

01. Please check the Approval plan. If you are charged property tax for 2 flats, then you are liable to pay two maintenance.

 

02. As you have separate EB meter means surely as per approved plan, it will be separate property tax. So you are liable to pay maintenance for both flats, even tough you have one entrance. 

03. one Sale agreement for any number properties can registered. Your sale deed cant be taken as single unit as it has two door numbers itself in one sale agreement.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

Dear Sir,

You will be considered as owner and in possession of single unit as per single sale deed which is existing.  Lodge a complaint with Deputy registrar for not following the rules and also approach civil court if necessary.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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